CORAM
OLAJOMPO AKINKUGBE, JUSTICE COURT OF APPEAL
PARTIES
SALZGITTER STAHL GMBH APPELLANTS
TUNJI DOSUNMU INDUSTRIES LIMITED
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff company sued the defendant for balance of payment in respect of goods sold. The trial court found for the plaintiff. On appeal, the Court of Appeal upturned the decision of the trial court. The plaintiff has further appealed.
HELD
Appeal allowed
ISSUES
NONE
RATIONES DECIDENDI
PRIMA FACIE EVIDENCE: MEANING.
Simply put the phrase i.e. “prima facie” (which applies as a rule of onus of proof in the law of Evidence) means as per evidence which if accepted, appears to be sufficient to establish a fact or sustain. a judgment unless rebutted by acceptable evidence to the contrary. In other words, it is not conclusive. It is evidence (as distinct from proof) that is, on the first appearance. Per CHUKWUMA-ENEH JSC
ACCOUNT STATED : MEANING
The phrase “account stated” refers to the agreement itself or to the assent giving rise to the agreement. Simply put, it means a balance that party to a transaction or business agree on, either expressly or by implication. Per CHUKWUMA-ENEH JSC
TWO CONFLICTING DECISIONS OF THE HOUSE OF LORDS
Where there are two conflicting decisions of the House of Lords, the House cannot be bound by both decisions; it is only fundamental that it is free to choose between the two decisions. Per CHUKWUMA-ENEH JSC
CASES CITED
1. Tapchang v. Lakret (2000) 13 NWLR (Pt.684) 381,
2. Kazeem v. Mosaku (2007) 17 NWLR (Pt.l064)523 at p.535,
3. Ohaeri v. Akabueze(l992) 2 NWLR (Pt.221) 1,
4. Ofondu v. Niweigha (1993) 2 NWLR (Pt.275) 253
5. MURITALABI ALHADJI V. A KESSLER (1934) 11 N .L.R. 156
6. Okegbu v. The State (1977) 2 FCA 134 NCAR 218